Factfinding - Year 2011 - Judgments

Jun 23 2011 (FN)

Stern Vs. Marshall

Court: US Supreme Court

Decided on: Jun-23-2011

..... confined factual determinations regarding a particularized area of law or engage in statutorily channeled factfinding functions 458 u s at 85 plurality opinion whereas the adjunct agency in ..... confined factual determinations regarding a particularized area of law or engage in statutorily channeled factfinding functions northern pipeline 458 u s at 85 plurality opinion instead bankruptcy courts under .....

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May 16 2011 (FN)

Brown Vs. Plata

Court: US Supreme Court

Decided on: May-16-2011

..... anderson v bessemer city 470 u s 564 573 574 1985 deference to trial court factfinding reflects an understanding that t he trial judge s major role is the determination of ..... judgments when the factual findings are policy judgments what occurred here is no more judicial factfinding in the ordinary sense than would be the factual findings that deficit spending will not .....

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Mar 02 2011 (FN)

Pepper Vs. United States

Court: US Supreme Court

Decided on: Mar-02-2011

..... we render the guidelines advisory only in cases in which the constitution prohibits judicial factfinding we rejected that two track proposal reasoning that congress would not have authorized a ..... thus rendering the guidelines effectively mandatory because in a large set of cases judicial factfinding will increase the applicable guidelines range beyond that supported solely by the facts established .....

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Jun 09 2011 (FN)

Connick Vs. Thompson

Court: US Supreme Court

Decided on: Jun-09-2011

..... questioning how these violations are relevant to this case far from indulging in my own factfindings but cf ante at 16 17 n 11 i simply recite the evidence supporting the ..... conducting this inquiry the court has acknowledged may not be an easy task for the factfinder canton v harris 489 u s 378 391 1989 bryan county did not retreat from .....

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May 02 2011 (FN)

Bobby Vs. Mitts

Court: US Supreme Court

Decided on: May-02-2011

..... intolerably enhances the risk of an unwarranted conviction because it interjects irrelevant considerations into the factfinding process diverting the jury s attention from the central issue of whether the state has ..... explaining that the goal of the beck rule is to eliminate the distortion of the factfinding process that is created when the jury is forced into an all or nothing choice .....

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Apr 04 2011 (FN)

Cullen Vs. Pinholster

Court: US Supreme Court

Decided on: Apr-04-2011

..... sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable factfinder would have found the applicant guilty of the underlying offense 2254 e 2 b ..... sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable factfinder would have found the applicant guilty of the underlying offense in michael williams we .....

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Jun 13 2011 (FN)

United States Vs. Jicarilla Apache Nation

Court: US Supreme Court

Decided on: Jun-13-2011

..... a positive general rule because it has the effect of withholding relevant information from the factfinder courts construe the privilege narrowly fisher v united states 425 u s 391 403 1976 .....

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Jun 09 2011 (FN)

Sykes Vs. United States

Court: US Supreme Court

Decided on: Jun-09-2011

..... one dataset over another in sum our statistical analysis in acca cases is untested judicial factfinding masquerading as statutory interpretation most of the statistics on which the court relies today come .....

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Mar 01 2011 (FN)

Staub Vs. Proctor Hospital

Court: US Supreme Court

Decided on: Mar-01-2011

..... then the employer either directly or through the ultimate decisionmaker will have effectively delegated the factfinding portion of the investigation to the biased supervisor contrary to justice alito s suggestion the .....

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Feb 07 2011 (HC)

Banshi Badan Samanta @ Chandu Samanta Vs. Union of India and ors.

Court: Kolkata Appellate

Decided on: Feb-07-2011

..... created is not an agricultural land there is no reason for me to make a factfinding enquiry for ascertaining whether the land with respect to which the security interest was created .....

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